Simple English definitions for legal terms
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Term: FICTA TRADITIO
Definition: Ficta traditio is a legal term used in Scots law that means a pretend delivery. It is a rule that allows an item to be considered as delivered to a buyer without physically transferring it if the parties involved agree to it. This is also known as fictio brevis manus.
Definition: Ficta traditio is a Latin term used in Scots law to refer to a fictitious delivery. It means that if the parties involved intended it, an item could be considered delivered to a buyer who already has possession of it, without the need for physical transfer. This rule is also known as fictio brevis manus.
Example: Let's say that John wants to sell his car to Jane. They agree on the price, but John still has to pay off the car loan before he can transfer ownership to Jane. However, they both agree that Jane can start using the car right away. In this case, ficta traditio applies, and Jane is considered to have possession of the car, even though the ownership hasn't been transferred yet.
Explanation: The example illustrates how ficta traditio works in practice. Even though the car hasn't been physically transferred to Jane, she has possession of it and can use it as if it were hers. This is possible because both parties agreed to it, and the rule of ficta traditio allows for such an arrangement.